STATE PERSONNEL BD. v. DPA

Nos. C034943, C040263, C032633.

1 Cal.Rptr.3d 278 (2003)

109 Cal.App.4th 1574

STATE PERSONNEL BOARD, Plaintiff and Appellant, v. DEPARTMENT OF PERSONNEL ADMINISTRATION et al., Defendants and Respondents. Association of California State Attorneys and Administrative Law Judges et al., Plaintiffs and Respondents, v. Department of Personnel Administration et al., Defendants and Appellants. State Personnel Board, Plaintiff and Respondent, v. Department of Personnel Administration et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Rehearing Granted July 22, 2003.


Attorney(s) appearing for the Case

Howard L. Schwartz, Chief Counsel, Marguerite D. Seabourn, Linda Diane Buzzini, Sacramento, for Defendant, Appellant, and Respondent Department of Personnel Administration.

Carroll, Burdick & McDonough, Ronald Yank, Gregg McLean Adam, San Francisco, for Defendant and Appellant Department of Forestry Firefighters.

Bill Lockyer, Attorney General, David S. Chaney, Senior Assistant Attorney General, Damon M. Connolly and Miguel A. Neri, Supervising Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Appellant Department of Personnel Administration.

Steven B. Bassoff, Eisen & Johnston Law Corporation, Jay-Allen Eisen, Marian M. Johnston, Jay-Allen Eisen Law Corporation and Jay-Allen Eisen, Sacramento, for Plaintiffs and Respondents Association of California State Attorneys and Administrative Law Judges et al.

Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, Sacramento as Amicus Curiae State Personnel Board on behalf of California State Attorneys and Administrative Law Judges.

Anne M. Giese, Sacramento, for Defendant and Appellant California State Employees Association.

VanBourg, Weinberg, Roger & Rosenfeld, William A. Sokol, Vincent A. Harrington, Oakland, Matthew John Gauger, for Defendant and Appellant International Union of Operating Engineers.

Bill Lockyer, Attorney General, Jacob Appelsmith, Senior Attorney General, Alicia M.B. Fowler, Supervising Attorney General, Michelle Littlewood, Deputy Attorney General, as Amicus Curiae Attorney General of California on behalf of Department of Personnel Administration.

Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, Sacramento, for Plaintiff and Respondent State Personnel Board.

Elise S. Rose, Chief Counsel, Dorothy Bacskai Egel, Kronick, Moskovitz, Tiedemann & Girard and Susan R. Denious, Sacramento, for Plaintiff and Appellant State Personnel Board.

Carroll, Burdick & McDonough, Ronald Yank and Gregg McLean Adam, San Francisco, for Defendant and Respondent Department of Forestry Firefighters.

Norman Hill, Chief Counsel, Wendy Breckon for Defendant and Respondent Department of Forestry and Fire Protection.


BLEASE, Acting P.J.

The California Constitution requires that the California State Personnel Board (SPB) "shall ... review disciplinary actions" taken against state civil service employees. (Cal. Const., art. VII, § 3, subd. (a).)

State civil service employees assigned to State Bargaining Units 8, 11, 12, and 13 (hereafter Units 8, 11, 12, and 13), represented by their unions, negotiated labor contracts with the Department of Personnel Administration...

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